Mapburger Terms of Use

Thank you for showing interest in the Mapburger application, platform and it’s valuable services.

1. Your relationship with Mapburger

1.1 Use of the Service is Subject to these Terms

The Mapburger website and the services on the pages are being offered to you by Datakart Ltd. Your use of any of the Mapburger application, platform or services (referred to as the “Services“) is subject to the terms of a legal agreement between you and Datakart Ltd (referred to as the “Mapburger”). This legal agreement is referred to as the “Terms”.

1.2 The Terms include Mapburger’s Legal Notices and Privacy Policy:

  • Unless otherwise agreed in writing with Datakart, the Terms will include the terms and conditions set forth in this document;
  • Before you use the Mapburger platform you should read the Terms, and print or save a local copy for your records.

1.3 Changes to the Terms

Datakart reserves the right to make changes to the Terms if necessary. When these changes are made, Datakart will make a new copy of the Terms available at the same page. You understand and agree that if you use the Service after the date on which the Terms have changed, Mapburger will treat your use as acceptance of the updated Terms. If a modification is unacceptable to you, you may terminate the agreement by ceasing use of the Mapburger platform.

2. Accepting the Terms

2.1 Clicking to Accept the Terms or Using Mapburger

In order to use the Mapburger platform you must agree to these Terms. You can accept the Terms by:

  • clicking to accept or agree to the Terms, where this option is made available to you in the user interface of the Service;
  • using Mapburger platform. In this case, you understand and agree that Mapburger will treat your use of the Mapburger platform as acceptance of the Terms from that point onwards.

2.2 Authority to Accept the Terms

You state that you have full power, capacity and authority to accept these Terms. If you are accepting on behalf of your employer or any other entity, you represent that you have full legal authority to bind your employer or such entity to these Terms. If you do not have the legal authority to bind, please ensure that an authorized person from your entity consents to and accept these Terms.

3. Privacy and Personal Information

3.1 Mapburger’s Privacy Policy

Privacy of those who visit our Web sites, register for our platform and services online and security of their stored data is of utmost importance to Datakart Ltd. We think it is important for you to understand when and why we collect personally identifiable information and how we may use it. This Privacy Policy describes Mapburger data collection and security and use policies. Please read the entire Privacy Policy before providing any personally identifiable information to us or storing any of your data on our servers.

Notice

Mapburger collects personally identifiable information, such as your name, address, telephone number or e-mail address, and credit card information only if you provide this information to us voluntarily. Some of this information you must provide to us if you want to use our platform. The voluntary information we collect is used for internal verification to complete transactions; ensure appropriate legal use of Mapburger platform; provide notification to licensees about updates to Mapburger’s and our affiliates’ software, data, and services; and help provide technical and product support to our users. Where appropriate, Mapburger may pass this data to a Mapburger international distributor that provides the above services in your country or to an Mapburger affiliate whose software, data, and services provide solutions to meet your needs. Our affiliates are also committed to protecting personally identifiable information as described in their privacy statements/policies.

Mapburger may also use your name, address, and e-mail to send you marketing materials, user conference information, and newsletters unless you notify us that you do not want to receive these materials. Occasionally, Mapburger uses the services of bonded mailing houses that are authorized to use your personally identifiable data only for the benefit of Mapburger and its affiliates.

While browsing the Mapburger Web site, you may be able to access the Web sites of our affiliates and third parties through a hyperlink. Mapburger assumes no responsibility for the privacy practices of third parties’ Web sites and suggests you review the privacy statements/policies on such Web sites before sharing your personally identifiable data.

 

Collection

Certain information, such as the Internet Protocol (IP) address of your computer, may be stored through the use of “cookies” intended to speed access to Mapburger information and services. A cookie is a small file that can be used to tell us when you visit our Web sites and track your browsing preferences. Mapburger does not use cookies to store information such as credit card numbers, telephone numbers, or other information you provide. To maintain your privacy, you can disable your browser’s ability to accept cookies.

Mapburger Web sites may require registration to gain access to special services or other features. This information will be used to provide support and deliver specialized services.

Mapburger may also collect personally identifiable information you provide when you order and register software, data, or services; enter contests; order newsletters; register for training or conferences; or make requests that require a direct response to you.

 

Choice

If you submit personal information, Mapburger may contact you or send you marketing information about software or services. If you do not wish to receive this information, you may notify us by sending a message on the Mapburger webpage as indicated below. Keep in mind, however, that you may not receive valuable information as a result of your election to be removed from mailing lists.

Other than as described in this Privacy Policy, Mapburger will not disclose your personally identifiable information unless required to do so by law or in the good faith belief that such action is necessary to (1) conform to the edicts of the law, (2) protect and defend the rights or property of Mapburger, or (3) as part of a transfer of assets to a successor in interest.

Except as stated, Mapburger does not rent, sell, or otherwise share personally identifiable information.

Access

Mapburger will permit you to access information about you in our database by contacting us ont he Mapburger webpage. If you believe any of the information is incorrect or needs updating, please advise us. We will correct our records upon verification of the requested change. If you no longer wish to receive e-mail or postal notifications about software, services, or special promotions, please let us know by sending a message to us on the Mapburger webpage and specifying that you do not want to receive these notifications. Please provide us with your exact name and address as well as a description of the publication or mail piece you received. We will use reasonable efforts to refrain from including you when sending marketing materials to Mapburger clients by noting your election in our database.

Security

Mapburger will take reasonable and prudent precautions to ensure that your personally identifiable data is protected against unauthorized access, use, or disclosure. We will use encrypted client connections with verified security protocols (SSL), etc. to protect your credit card data and other data you have stored stored in our cloud.

Enforcement

If you believe for any reason that Mapburger has not followed these principles, please contact us at the Mapburger webpage and Mapburger will act promptly to investigate, correct as appropriate, and advise you of the correction. Please identify the issue as a Privacy Policy concern in your communication to Mapburger.

3.2 Use of Your Data under Mapburger’s Privacy Policy

You agree to the use of your data in accordance with Mapburger’s privacy policy.

4. Provision of Service by Mapburger

4.1 Mapburger’s Subsidiaries and Affiliates

Mapburger has or will have subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates“). Sometimes, these companies will be providing the Service to you on behalf of Mapburger itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Service to you.

4.2 Limits on Your Use of the Service

You acknowledge and agree that Mapburger may impose or adjust the limit on the number of transactions you may send or receive through the Service or resources you use in accordance to way of Mapburger usage; such fixed upper limits may be set by Mapburger at any time, at Mapburger’s discretion. Mapburger beside it’s commercial services has free WebGIS and WebMap services where you can experience some resource limitations.

4.3 Limits on Your Use of the Service

You acknowledge and agree that Mapburger may impose or adjust the limit on the number of transactions you may send or receive through the Service or resources you use in accordance to way of Mapburger usage; such fixed upper limits may be set by Mapburger at any time, at Mapburger’s discretion. Mapburger beside it’s commercial services has free WebGIS and WebMap services where you can experience some resource limitations.

4.4 Refund Policy

We are required to provide a refund only if we terminate our Services to You without cause before the end of a month for which you have paid. There is no other circumstance in which you will be entitled to a refund from Mapburger. We may, at our sole discretion, offer refunds in other situations subject to any Member seeking such refund applying for the refund in accordance with the requirements we post on the website, which may be changed from time to time.

4.5 Changes to the Service: Termination of the Service

  • If Mapburger in its discretion chooses to cease providing the current version of the Service whether through discontinuation of the Service or by upgrading the Service to a newer version, the current version of the Service will be deprecated and become the Deprecated Version of the Service. Mapburger will issue an announcement if the current version of the Service will be deprecated. For a period of 1 year after an announcement (the “Deprecation Period”), Mapburger will use commercially reasonable efforts to continue to operate the Deprecated Version of the Service and to respond to problems with the Deprecated Version of the Service deemed by Mapburger in its discretion to be critical. During the Deprecation Period, no new features will be added to the Deprecated Version of the Service.
  • Mapburger reserves the right in its discretion to cease providing all or any part of the Deprecated Version of the Service immediately without any notice if:

(i) you have breached any provision of the Terms (or have acted in manner that clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

(ii) Mapburger is required to do so by law (for example, due to a change to the law governing the provision of the Deprecated Version of the Service); or

(iii) the Deprecated Version of the Service relies on data or services provided by a third party partner and the relationship with such partner has expired or been terminated or requires Mapburger to change the way Mapburger provides the data or services through the Deprecated Version of the Service; or

(iv) providing the Deprecated Version of the Service could create a substantial economic burden as determined by Mapburger in its reasonable good faith judgment; or

(v) providing the Deprecated Version of the Service could create a security risk or material technical burden as determined by Mapburger in its reasonable good faith judgment.

  • Mapburger is constantly innovating in order to provide the best possible experience for its users. At any time prior to discontinuing the current version of the Service or upgrading to a new version of the Service, Mapburger may, in its discretion as part of this continuing innovation, label certain features or functionality of the Service as “experimental” or “beta”.

5. Your Mapburger Account

5.1 Signing Up for a Mapburger Account

In order to access the Service, you may have a Mapburger Account. You agree that any information you give to Mapburger in connection with your Mapburger Account or your continued use of the Service will always be accurate, correct and up to date.

5.2 Your Passwords and Account Security

You agree that you will be solely responsible to Mapburger for your use of the Service. If you become aware of any unauthorized use of your password or your account you agree to notify Mapburger immediately.

6. OWNERSHIP, GRANT OF RIGHTS, AND USE RESTRICTIONS

6.1 Ownership

You acknowledge and agree that Mapburger (or Mapburger’s licensors and their suppliers, as applicable) own all legal right, title and interest in and to the Service, Content and Technology, including any intellectual property rights that subsist in the Service and Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

The Services provided on Mapburger Web site and any content provided therein are provided to you subject to these Terms of Use. The Services may be freely available to you, but they are not in the public domain unless specified as such. Mapburger and third-party licensors own the Services (unless otherwise specified), which are protected by United States laws and applicable international laws, treaties, and conventions regarding intellectual property or proprietary rights. These Terms of Use do not transfer any rights to redistribute, prepare derivative works from, or acquire ownership interest in Services.

6.2 Grant of Noncommercial and Commercial Use of Services

Upon Your acceptance of this Agreement, You may access, download, view, copy, and print Services and Content available on Mapburger site, for Your Use. As a condition of this grant of Commercial and Noncommercial Use license, You agree not to distribute content obtained trough Mapburger to Your third party customers the terms of which protect the Intellectual Property rights of Mapburger and its licensor(s). For the purposes of this Article “Commercial Use” means Your authorized use of the Services wherein You provide the Services to third parties through transactions that You and/or Your third party customers generate income, promote the generation of income, or any other means of commercial advantage or private financial gain from such use.

Inquiries regarding additional uses not provided herein may be submitted to Mapburger through a Copyright information or Permissions request e-mail.

6.3 Improper Use of Services

Any rights not granted herein or otherwise agreed to in writing between you and Mapburger are prohibited. In particular, you may not (or attempt to):

  • access Services or resources not made available to you through a standard web browser or Mapburger products;
  • reverse-engineer, decompile, access, or hack Mapburger Services not made readily available to you (without consideration given to how reasonable the means used are to keep such secure);
  • use Services in such a manner as to adversely affect Mapburger’s and Mapburger’s commercial interests;
  • alter, obstruct, or remove any proprietary rights notices provided with the Services;
  • manually or systematically harvest information contained within the Service;
  • use Services in for illegal, improper, or inappropriate purposes (including but not limited to defamation or harassment of others; distribution of obscene or indecent material; stalking; or distribution of content in violation of the proprietary rights of others). Any of the forgoing, whether merely attempted or successfully executed, is a material breach of these Terms of Use.

6.4 Trademarks and Logos

Mapburger logo, and other marks used in this Web site are trademarks or registered trademarks. Other names appearing on this Mapburger Web site may be trademarks or registered trademarks of their respective trademark owners. These marks may only be used where authorized by Mapburger or permitted by law. Any use not authorized by Mapburger shall be considered a material breach of these Terms of Use.

6.5 Third-Party Data and/or Imagery Licensing Terms and Use Restrictions

Services provided by Mapburger may contain third-party data and/or imagery. In addition, Mapburger provides the ability to view, access and incorporate maps and content that is provided by other software and content providers such as Google, Microsoft, ESRI, OpenStreetMap and others through the use of web services and interfaces, including but not limited to Web Map Service. Use of third-party data and/or imagery may be subject to such third party’s License Agreement or additional use restrictions. You are solely responsible for compliance with all applicable third party license agreement(s). Third party Use Restrictions may be provided with the data (such as with metadata). Mapburger may modify the third party license agreement and any applicable use restrictions from time to time and it is your responsibility to check for updates to these license agreements or use restrictions. If a modification any third party license agreement, or use restrictions is unacceptable, you may cancel your access upon written notice to Mapburger or discontinue use of the Service, as applicable. Continued use of the Service will be deemed acceptance of any modifications.

6.6 Sharing of Your Content

In the event You desire to make use of the Mapburger content sharing feature by uploading or publishing any of Your data and/or imagery to Mapburger, You hereby grant Mapburger a nonexclusive, revocable, royalty free to insert a non invasive logo of Mapburger and to provide end users a hypertext reference link to Mapburger platform from Your content.

6.7 Copyright Policy

Mapburger’s copyright policy is to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to take-down allegedly infringing materials and/or terminating the accounts of repeat infringers, as applicable.

7. Permitted Uses under Mapburger’s Licenses

7.1 Permitted Purposes. You agree to use the Service only for purposes:

  • that are permitted by the Terms;
  • that are permitted by any applicable third party contract, law, or regulation in the relevant jurisdictions; and
  • that comply with all applicable policies or guidelines made available by Mapburger.

8. License Requirements

Mapburger’s licenses above are subject to your adherence to the following requirements:

8.1 End User Terms and Privacy Policy

If you develop by use of Mapburger a project or solution for use by other users, you must:

  • display to the users of your project or solution the link to Mapburger’s Terms of Use as presented through the Service;
  • explicitly state in your terms of use that, by using Your users are agreeing to be bound by Mapburger’s Terms of Use; and
  • protect the privacy and legal rights of those users.

8.2 Attribution

Content provided to you through the Service may contain the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of Mapburger, Mapburger, its partners, or other third party rights holders of content indexed by Mapburger. You may not delete or in any manner alter these trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

8.3 Responsibility for Breaches

You agree that you are solely responsible for (and that Mapburger has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Mapburger may suffer) of any such breach.

9. License Restrictions

Except as expressly permitted under the Terms, or unless you have received prior written authorization from Mapburger (or, as applicable, from the provider of particular Content), Mapburger’s licenses above are subject to your adherence to all of the restrictions below. Except as explicitly permitted you must not (nor may you permit anyone else to):

  • access or use the Service or any Content through any technology or means other than those provided in the Service, or through other explicitly authorized means Mapburger may designate;
  • copy, translate, modify, create a derivative work of, or publicly display any Content or any part thereof (for example, the following is prohibited: creating server-side modification of map tiles;
  • reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted by Mapburger or required by applicable law;
  • use, edit or publish Content obtained trough Service with any other Service or application besides Mapburger.
  • use the Service in a manner that gives you or any other person access to mass downloads or bulk feeds of any Content, including but not limited to numerical latitude or longitude coordinates, imagery, and visible map data;
  • delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the Service or the Content;
  • hide or mask from Mapburger the identity of your service as it uses the Service, including by failing to follow the identification conventions listed; or
  • violate any policies or violate Mapburger’s Software Principles and other policies as Mapburger may develop from time to time, including but not limited to the Mapburger policies below, under which you agree not to:

(i) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(ii) upload, post, transmit or otherwise make available any inappropriate, defamatory, obscene, or unlawful content;
(iii) upload, post, transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights, or have the permission of the owner or other legal justification to use such content;
(iv) upload, post, transmit or otherwise make available messages that promote pyramid schemes, chain letters, or disruptive commercial messages or advertisements;
(v) upload, post, email, transmit or otherwise make available any other content, message, or communication prohibited by applicable law, the Terms or any applicable Service policies or guidelines;
(vi) download any file posted by another that you know, or reasonably should know, cannot legally be distributed in such manner;
(vii) impersonate another person or entity, or falsify or delete any author attributions or labels of the origin or source of Content, or other material;
(viii) restrict or inhibit any other user from using and enjoying the Service or any other Mapburger and Mapburger Services;
(ix) delete, obscure, or fail to display the Terms of Use link as presented through the Service;
(x) delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the Service or the Content;
(xi) interfere with or disrupt the Mapburger Services, servers, or networks connected to the Mapburger Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Mapburger Services;
(xii) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Mapburger Services or Content or collect information about users for any unauthorized purpose;
(xiii) display content that falsely expresses or implies that such content is sponsored or endorsed by Mapburger and Mapburger;
(xiv) create user accounts by automated means or under false or fraudulent pretenses, or obtain or attempt to obtain multiple keys for the same URL;
(xv) promote or provide instructional information about illegal activities;
(xvi) promote physical harm or injury against any group or individual; or
(xvii) transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

10. Licenses from You to Mapburger

10.1 Content License

Mapburger claims no ownership over Your Content, and you retain copyright and any other rights you already hold in Your Content. By submitting, posting or displaying Your Content in the Service, Mapburger hearby claims to maintain full security and privacy of Your Content according to Privacy Policy.

10.2 Brand Features License

You grant to Mapburger a nontransferable, nonexclusive license during the Term to use Your Brand Features to advertise that you are using the Service.

10.3 Authority to Grant Licenses

You confirm and warrant to Mapburger that you have all the rights, power and authority necessary to grant the above licenses.

11. Terminating this Agreement

11.1 The Terms will continue to apply until terminated by either you or Mapburger as set out below.

11.2 You may terminate your legal agreement with Mapburger by discontinuing your use of the Service at any time. You do not need to specifically inform Mapburger when you stop using the Service.

11.3 Mapburger may, at any time, terminate its legal agreement with you or cease providing all or any part of the Service immediately without any notice if:

(i) you have breached any provision of the Terms (or have acted in manner that clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

(ii) Mapburger is required to do so by law (for example, due to a change to the law governing the provision of the Service); or

(iii) the Service relies on data or services provided by a third party partner and the relationship with such partner has expired or been terminated or requires Mapburger to change the way Mapburger provides the data or services through the Service; or

(iv) providing the Service could create a substantial economic burden as determined by Mapburger in its reasonable good faith judgment; or

(v) providing the Service could create a security risk or material technical burden as determined by Mapburger in its reasonable good faith judgement.

11.4 Nothing in this Section will affect Mapburger’s rights regarding provision of the Service under Section 4 of the Terms.

12. EXCLUSION OF WARRANTIES

12.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, WILL EXCLUDE OR LIMIT MAPBURGER’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF LOSS OR DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND MAPBURGER’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND THE CONTENT IS AT YOUR SOLE RISK AND THAT THE SERVICE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” IN PARTICULAR, MAPBURGER, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS AND THEIR SUPPLIERS, DO NOT REPRESENT OR WARRANT TO YOU THAT:

  • YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS;
  • ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

12.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAPBURGER, OR THROUGH OR FROM THE SERVICE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

12.4 MAPBURGER, ITS LICENSORS AND THEIR SUPPLIERS FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

13. LIMITATION OF LIABILITY

13.1 SUBJECT TO SECTION 13.1, YOU EXPRESSLY UNDERSTAND AND AGREE THAT MAPBURGER, ITS SUBSIDIARIES AND AFFILIATES, AND LICENSORS AND THEIR SUPPLIERS, WILL NOT BE LIABLE TO YOU FOR:

  • ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS); OR
  • ANY LOSS OR DAMAGE AS A RESULT OF:

(i) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE MAPBURGER SERVICES;
(ii) ANY CHANGES THAT MAPBURGER MAY MAKE TO THE SERVICE, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE (OR ANY FEATURES WITHIN THE SERVICE);
(iii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE;
(iv) YOUR FAILURE TO PROVIDE MAPBURGER WITH ACCURATE ACCOUNT INFORMATION; OR
(v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

13.2 THE LIMITATIONS ON MAPBURGER’S LIABILITY TO YOU IN SECTION 14.1 ABOVE WILL APPLY WHETHER OR NOT MAPBURGER, ITS SUBSIDIARIES, AFFILIATES, LICENSORS OR THEIR SUPPLIERS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.

14. Indemnity

14.1 You hereby agree to indemnify, defend and hold Mapburger, its strategic partners, officers, directors, agents, affiliates, licensors and their suppliers (“the Indemnified Parties“) harmless from and against any claim or liability arising out of:

  • your use of the Mapburger platform in breach of the Terms or applicable policies;
  • any use by users of your projects realized trough the Mapburger platform;
  • any claim that your Mapburger projects or Your Content violates any applicable law, including but not limited to any claim that infringes the rights of a third party.

14.2 You will cooperate as fully as reasonably required in the defense of any claim. Mapburger reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You acknowledge that damages for improper use of the Mapburger may be irreparable; therefore, Mapburger is entitled to seek equitable relief, including but not limited to preliminary injunction and injunction, in addition to all other remedies.

15. Copyright Policies

It is Mapburger’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers.

16. Other Content

16.1 The Service may include hyperlinks to other websites or content or resources. Mapburger has no control over any web sites or resources that are provided by companies or persons other than Mapburger. You acknowledge and agree that Mapburger is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.

16.2 You acknowledge and agree that Mapburger is not liable for any loss or damage that may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products, or other materials on, or available from, such websites or resources.

17. General Legal Terms

17.1 Notices

You agree that Mapburger may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.

17.2 No Waiver

You agree that if Mapburger does not exercise or enforce any legal right or remedy contained in the Terms (or that Mapburger has the benefit of under any applicable law), this will not be taken to be a formal waiver of Mapburger’s rights and that those rights or remedies will still be available. Any waiver of any provision of these Terms will be effective only if Mapburger expressly states in a signed writing that it is waiving a specified Term.

17.3 Severability

If any court of law that has jurisdiction rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

17.4 Assignment

The Terms may be assigned by Mapburger and will inure to the benefit of Mapburger, its successors and assigns.

17.5 Governing Law and Jurisdiction; Injunctive Relief

The Terms, and your relationship with Mapburger under the Terms, will be governed by the English law without regard to its conflict of laws provisions. You and Mapburger agree to submit to the exclusive jurisdiction of the courts located in London, United Kingdom, to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Mapburger will be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

17.6 Complete Agreement

The Terms constitute the whole legal agreement between you and Mapburger and govern your use of the Service and Content, and completely replace and supersede any prior agreements between you and Mapburger, written or oral, in relation to the Service and Content.

Last update: March 1th 2013